HomeMy WebLinkAbout2010-01-05-Meeting Agenda
Commission Meeting Agenda
Commission Chamber
1/5/2010
2:00 PM
INVOCATION:
Dr. Gregory M. Fuller, Pastor Macedonia Baptist Church.
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA.
ELECTION OF OFFICER(S)
A. Election of Mayor Pro Tempore for 2010.
Attachments
B. Appointment of Standing Committees for 2010-2011.
Attachments
Five (5) minute time limit per delegation
DELEGATIONS
C. Mr. Scott Hudson. RE: First Saturday Volunteer Initiative.
Attachments
CONSENT AGENDA
(Items 1-2)
ADMINISTRATIVE SERVICES
1. Resolution authorizing the retirement of Alma Stephenson and the settlement of all
claims by Alma Stephenson, in the aggregate amount of Twelve Thousand Eight
Hundred Ninety-Nine Dollars and Sixty-Four Cents ($12,899.64) and three (3) years
of retirement calculation based on the salary of $66,807.82 per annum; authorizing the
County Administrator to disburse settlement funds; waiving Augusta-Richmond
County Code of Ordinances sections in conflict for this instance only; and for other
purposes.
Attachments
PETITIONS AND COMMUNICATIONS
2. Motion to approve the minutes of the regular meeting of the Commission held on
December 15, 2009.
Attachments
Upcoming Meetings
www.augustaga.gov
****END CONSENT AGENDA****
AUGUSTA COMMISSION
1/5/2010
AUGUSTA COMMISSION
REGULAR AGENDA
1/5/2010
(Items 3-6)
PETITIONS AND COMMUNICATIONS
3. Motion to approve the correction of the December 1, 2009 minutes agenda item no.
24 appraisal report from Hollingsworth Appraisal Company. Reported land exchange
addresses as 305 Old Deans Bridge Road & 304 Deans Bridge Road. Correct
addresses should be: 3050 Deans Bridge Road & 3044 Deans Bridge Road.
Attachments
APPOINTMENT(S)
4. Motion to approve the appointment of one from each group to the Richmond County
Hospital Authority for a four-year term.
Attachments
ADMINISTRATOR
5. Law Department.
Attachments
LEGAL MEETING
A. Pending and Potential Litigation.
B. Real Estate.
C. Personnel.
6. Motion to authorize execution by the Mayor of the affidavit of compliance with
Georgia's Open Meeting Act.
Commission Meeting Agenda
1/5/2010 2:00 PM
Invocation
Department:
Caption:Dr. Gregory M. Fuller, Pastor Macedonia Baptist Church.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 1
Commission Meeting Agenda
1/5/2010 2:00 PM
2010 Election of Officers
Department:Clerk of Commission
Caption:Election of Mayor Pro Tempore for 2010.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 2
Commission Meeting Agenda
1/5/2010 2:00 PM
2010-2011 Standing Committees
Department:Clerk of Commission
Caption:Appointment of Standing Committees for 2010-2011.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 3
Commission Meeting Agenda
1/5/2010 2:00 PM
Scott Hudson
Department:
Caption:Mr. Scott Hudson. RE: First Saturday Volunteer Initiative.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 4
Attachment number 1
Page 1 of 1
Item # 4
Attachment number 2
Page 1 of 8
Item # 4
Attachment number 2
Page 2 of 8
Item # 4
Attachment number 2
Page 3 of 8
Item # 4
Attachment number 2
Page 4 of 8
Item # 4
Attachment number 2
Page 5 of 8
Item # 4
Attachment number 2
Page 6 of 8
Item # 4
Attachment number 2
Page 7 of 8
Item # 4
Attachment number 2
Page 8 of 8
Item # 4
Commission Meeting Agenda
1/5/2010 2:00 PM
Resolution Authorizing the Retirement of Alma Stephenson and the Settlement of all Claims by Alma Stephenson
Department:Human Resources
Caption:Resolution authorizing the retirement of Alma Stephenson and the
settlement of all claims by Alma Stephenson, in the aggregate amount of
Twelve Thousand Eight Hundred Ninety-Nine Dollars and Sixty-Four
Cents ($12,899.64) and three (3) years of retirement calculation based on the
salary of $66,807.82 per annum; authorizing the County Administrator to
disburse settlement funds; waiving Augusta-Richmond County Code of
Ordinances sections in conflict for this instance only; and for other purposes.
Background:Alma Stephenson, seeks to retire from Augusta-Richmond County on or
before January 29, 2010. Ms. Stephenson has alleged violations of the
Equal Pay Act of 1963 as amended and made other claims against Augusta-
Richmond County.
Analysis:Both Alma Stephenson and Augusta-Richmond County desire to settle all
claims.
Financial Impact:Funds are available in Utilities Department Budget.
Alternatives:Decline to approve retirement and settlement of claims.
Recommendation:Approve.
Funds are Available in
the Following
Accounts:
Utilities Department.
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 5
AGREEMENT AND GENERAL RELEASE
1. Parties And Released Parties:
This document sets forth the terms and conditions of the Agreement and General Release
(hereinafter "Agreement") by and between Alma Stephenson (hereinafter "the Releasor") and
Augusta, GeoUJLDGED$XJXVWD5LFKPRQG&RXQW\ UHIHUUHGKHUHLQDV³$5&´RU³5HOHDVHH´ 7KH
WHUP³5HOHDVHH´DVXVHGKHUHLQVKDOOEHGHILQHGDV$5&DQGDOOFXUUHQWDQGIRUPHUFRPPLVVLRQHUV
employees, servants, agents, officials, insurers, and attorneys, in their official and individual
capacities, together with their predecessors, successors and assigns, both jointly and severally. In
consideration of the mutual covenants and agreements set forth below, the parties agree as follows:
2. Termination of Employment:
The Releasor agrees and covenants that the Releasor will resign from employment with ARC on
or before January 29, 2010. The Releasor agrees and covenants that the Releasor has not and
will not, apply or reapply for a direct hire position of employment with the ARC at any time in
the future following her resignation date. Upon written approval of the Administrator, Releasor
is permitted to be retained as a non-employee consultant/independent contractor of Augusta-
Richmond County. This covenant by the Releasor also extends to ARC¶VLQVXUHUVDQGDWWRUQH\V.
3. Payment And Consideration:
A. Within thirty (30) GD\VRI$5&¶Vapproval of this Agreement executed by
the Releasor, ARC shall pay to the Releasor a total payment of Twelve Thousand Eight Hundred
Ninety-Nine Dollars and Sixty-Four Cents ($12,899.64). This amount is based on the Releasor's
claims for unequal pay, discrimination, and other claims of any nature as indicated below.
B. The total settlement payment stated above shall be distributed through one
check made payable to Alma Stephenson.
Attachment number 1
Page 1 of 12
Item # 5
C. (IIHFWLYHEHJLQQLQJRQ1RYHPEHU 5HOHDVRU¶VVDODU\VKDOOEHVHWDW
$66,807.82 per annum.
D. In addition to any other retirement incentive currently available, Releasor
shall receive three (3) years of retirement calculation based on the salary of $66,807.82 per
annum.
4. General Release:
A. For and in consideration of the total payment and benefits specified above
and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Releasor does knowingly and voluntarily release and forever discharge the
Releasee from any and all actions, causes of action, suits, debts, dues, sums of money, accounts,
damages, judgments, claims, and demand whatsoever in law or in equity (hereinafter collectively
referred to as "claims"), whether known or unknown, which the Releasor ever had, now has, or may
or might in the future have against the Releasee, based on any acts, omissions, transactions, or
occurrences whatsoever from the date of the beginning of the world to the effective date of this
Agreement, and specifically, but not by way of limitation, to those claims arising by reason of, or in
any way connected with, or which are or may be based in whole or in part on, or do or may arise out
of, or are or may be related to or with:
(i) terms and conditions of employment and/or compensation for employment by ARC
(including the former City of Augusta and the former Richmond County) and the Releasor;
(ii) unlawful acts of any kind arising under or in reliance upon any statute (federal, state
or local);
(iii) deprivation of civil rights, unlawful acts of any kind, or discrimination under state,
local or federal law or otherwise including, but not limited to, Equal Pay Act of 1963 as amended,
Attachment number 1
Page 2 of 12
Item # 5
Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; 42 U.S.C. §§
1981 and 1983; the Age Discrimination in Employment Act, as amended by the Older Workers
Benefit Protection Act; the Americans with Disabilities Act; and the Family and Medical Leave
Act;
(iv) interference with or breach of contract (express or implied, in fact or in law),
detrimental reliance, breach of duty of good faith and fair dealing (express or implied) and/or
breach of contract of any kind;
(v) retaliatory or wrongful discharge, breach of policy and/or public policy, bad faith
discharge, negligence (per se or otherwise), negligent hiring/supervision/training/retention,
intentional or negligent infliction of emotional or mental distress, invasion of privacy, deceit,
interference with advantageous relations, outrageous conduct, inducement, fraud, false
imprisonment, assault, battery, false arrest, malicious prosecution, breach of duty, libel, slander,
and/or tortious and/or criminal conduct of any kind;
(vi) interference with business relationships, contractual relationships, or employment
relationships of any kind;
(vii) loss of consortium;
(viii) any and all other claims arising under law or equity.
B. Without limiting the generality of the foregoing, the Releasor acknowledges
and covenants that, in consideration for the sums being paid and provided herein by ARC to the
Releasor, the Releasor has knowingly and voluntarily relinquished, waived, and forever released
any and all rights, damages, and remedies which might otherwise be available to the Releasor,
including, without limitation, claims for contract or tort damages of any type, back pay, front pay,
emotional damages, mental damages, damages for anguish or anxiety, punitive damages, incentive
Attachment number 1
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Item # 5
pay, liquidated damages, special or consequential damages, lost benefits of any kind, including,
without limitation, pension, life insurance, vacation pay, disability insurance, sick pay, severance
pay or medical insurance or benefits, recovery of attorneys' fees, costs, expenses of any kind,
reinstatement to a position of employment, reemployment, or employment with ARC at any time.
C. It is further understood and agreed that this Agreement and the payment
made hereunder constitutes full and final satisfaction of all claims of every nature, direct or indirect,
against all persons, firms, or corporations, including those who are or might be held to be joint
and/or successor tortfeasors, with any of the parties released hereby, as well as those to whom any
of the parties released are, or may be held to be, liable by way of contribution or indemnity for the
payment of all or any part of any claim arising out of, or directly or indirectly related, to the claims
set forth in this Agreement.
D. Notwithstanding the foregoing, the Releasor does not release any claims
under the Age Discrimination in Employment Act that may arise after the date of execution of this
Agreement as provided for by the Older Workers Benefit Protection Act. The parties further agree
that, notwithstanding any provision herein to the contrary, the parties acknowledge that Releasor may
exercise any right provided by the Older Workers Benefit Protection Act concerning the obtainment of
a judicial determination of the validity of this Release and Agreement and the Releasee may not
abrogate this Agreement because of such action by the Releasor.
E. )RUDQGLQFRQVLGHUDWLRQRIWKH5HOHDVRU¶VFRYHQDQWVKHUHLQWKHUHFHLSW
and sufficiency of which are hereby acknowledged, ARC does knowingly and voluntarily release
and forever discharge the Releasor from any and all actions, causes of action, suits, debts, dues,
sums of money, accounts, damages, judgments, claims and demand whatsoever in law or in
equity (hereinafter collectively referred to as "claims"), whether known or unknown which they
Attachment number 1
Page 4 of 12
Item # 5
ever had, now have, or may or might in the future have against the Releasor, based on any acts,
omissions, transactions, or occurrences whatsoever from the date of the beginning of the world to
the effective date of this Agreement, including any claims based on federal or state law.
5. Covenant Not To Sue:
The Releasor further covenants and acknowledges that neither the Releasor, nor any person,
organization or other entity acting on the Releasor's behalf has or will sue or cause or permit suit
against the Releasee upon any claim released herein or to participate in any way in any suit or
proceeding or to execute, seek to impose, collect, or recover upon or otherwise enforce or accept
any judgment, decision, award, warranty, or attachment upon any claim released herein. In the
event that the EEOC pursues a claim against ARC for actions allegedly taken against the Releasor
by ARC prior to the effective date of this Agreement, the Releasor waives any right of recovery of
monetary damages arising out of that pursuit by the EEOC.
6. No Loss Of Consortium:
The Releasor hereby represents and warrants that, at all times pertinent, no person sustained
any loss of consortium, or has any claim whatsoever for any injury or damage alleged to have been
sustained by the Releasor; and the Releasor does further agree to indemnify, defend, and hold
harmless the Releasee hereunder from any action which may arise in connection therewith to
include any attorneys' fees, expenses of any kind, or court costs associated with any such action.
7. Knowing And Voluntary Waiver And Release:
A. It is understood and agreed that this Agreement is executed by the Releasor
knowingly and voluntarily and is not based upon any representations or statements of any kind by
any person as to the merits, legal liabilities or value of the Releasor's claims.
B. The Releasor also acknowledges that no promise or inducement has been
Attachment number 1
Page 5 of 12
Item # 5
offered or made except as set forth in this Agreement. The Releasor further acknowledges that
consideration for this Agreement consists of financial payments and benefits to which the
Releasor otherwise has no legal entitlement.
C. Releasee acknowledges that no promise or inducement has been offered or
made except as set forth in this Agreement. The Releasee further acknowledges that
consideration for this Agreement consists of the agreement not to pursue legal action and benefits
to which the Releasee otherwise has no legal entitlement.
D. As part of the consideration for the conditions of the settlement as set forth
above, the parties expressly warrant and represent to each other that: (a) they are legally
competent to execute this Agreement; (b) they have not assigned, pledged, or otherwise in any
manner whatsoever sold or transferred, either by instrument in writing or otherwise, any claim,
cause of action, or other legal right of whatever kind and nature, which they have or may have by
reason of the incident described above or any matters arising out of or relating thereto; (c) there
are no outstanding subrogation claims or liens of any type or character, by reason of the incident
detailed herein, including no lien or right of reimbursement for any healthcare-related expenses
relating to or in any way connected with the claims asserted in the above-styled civil action,
including but not limited to liens or rights created by or pursuant to agreement; state or federal
law; O.C.G.A. §§ 44-14-470, et seq. and 49-4-148, et seq.; Medicare/Medicaid; TRICARE;
CHAMPVA; ERISA; or employee benefit plan; and (d) all healthcare-related, medical, dental,
pharmacy, hospital, nursing home, physician practice, and provider of traumatic burn care
medical practice charges and bills incurred for treatment of injuries relating to or in any way
connected with the claims asserted in the above-styled civil action for which a compromise and
settlement has been made have been fully paid.
Attachment number 1
Page 6 of 12
Item # 5
8. Right To Retain Advisor Or Counsel:
It is understood that the Releasor has the right and opportunity to consult fully with legal
counsel or other advisor prior to signing this Agreement and is advised to consult with legal counsel
prior to signing this Agreement.
9. Entire Agreement:
A. This Agreement constitutes the entire agreement between the Releasor and
the Releasee pertaining to those subjects contained in it and supersedes all prior and
contemporaneous agreements, representations, and understandings. It is expressly understood and
agreed that this Agreement may not be altered, amended, modified, or otherwise changed in any
respect or particular manner whatsoever except by a writing duly executed by the Releasor and an
authorized representative of ARC.
B. In the event a portion of this Agreement is held to be legally invalid by a
competent court of law, the invalid portion shall be stricken and all other obligations shall remain
valid and mutually binding on the parties and not be affected thereby.
10. Effective Date:
The Releasor retains the right to revoke this Agreement for seven (7) days after execution
thereof by Releasor. This Agreement shall not become effective or enforceable until the
aforesaid revocation period has expired. The Releasor acknowledges that upon expiration of the
revocation period, this Agreement will be binding and will be irrevocable. The Releasor
acknowledges that revocation of this Agreement must be made in writing and received by the
below-named individual executing this Agreement on behalf of ARC within seven (7) days after
the Releasor's execution of this Agreement. The Releasor acknowledges and agrees that
acceptance of the benefits specified herein after the revocation period expires acknowledges that
Attachment number 1
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Item # 5
the Releasor has not revoked this Agreement as permitted under this paragraph. Provided the
revocation period has expired, the effective date of this agreement shall be the date this
agreement is approved by an authorized ARC representative.
12. Successors And Assigns:
This Agreement shall be binding upon the Releasor and the Releasor's heirs, executors,
administrators, assigns, successors, beneficiaries, employees, and agents, and shall inure to the
benefit of the Releasee and its predecessors, successors and assigns.
13. Non-Admission:
The Releasor acknowledges that the payment set forth herein does not constitute any
admission of liability on the part of the Releasee, by whom liability is expressly denied. The
Releasor further acknowledges that, although she initiated the legal proceedings which are the
subject of this Agreement in a good-faith belief that she had been treated unlawfully, this
Agreement reflects that no action ARC took towards Releasor violated any law, rule, regulation,
statute or order of any kind.
14. Miscellaneous:
A. The Releasor acknowledges that the Releasor has twenty-one (21) days
within which to consider whether or not the Releasor desires to enter into this Agreement and any
decision by the Releasor to execute this Agreement prior to that time is a knowing and voluntary
decision.
B. The Releasor acknowledges that, by signing this Agreement, the Releasor is
giving up rights the Releasor has. The Releasor acknowledges that the Releasor does not have to
sign this Agreement.
C. This Agreement is executed with the full knowledge and understanding on
Attachment number 1
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Item # 5
the part of the Releasor that there may be more serious consequences, damages, or injuries, which
are not now known, and that any draft or benefits conferred herein to the Releasor in consideration
of this Agreement are accepted as final. The Releasor further agrees and represents that it is within
the Releasor's contemplation that the Releasor may have claims against the Releasee of which, at
the time of the execution of this Agreement, the Releasor has no knowledge or suspicion, but the
Releasor agrees and represents, without affecting the generality of the foregoing paragraphs, that
this Agreement extends to all claims in any way based upon, connected with, or related to the
matters described herein, whether or not known, claimed, or suspected by the Releasor occurring
before the effective date of this Agreement.
D. The Releasor hereby acknowledges that, by executing this Agreement, the
Releasor acknowledges the settlement of her claims for an amount above and that such
acknowledgement waives any special notice required under O.C.G.A. § 33-24-41.2 of a payment by
an insurer or its representative to the Releasor.
E. The Releasor agrees to pay federal or state taxes, if any, which are required
by law to be paid with respect to this settlement, with the exception RIWKHHPSOR\HU¶VVKDUHRI
FICA or FUTA on those amounts paid as wages. The Releasor further agrees to indemnify and
hold the Releasee harmless from any claims, demands, deficiencies, levies, assessments,
executions, judgments, or recoveries by any government entity against the Releasee for any
amounts claimed due on account of this Agreement or pursuant to claims made under any federal or
state tax laws, and any costs, expenses, or damages sustained by ARC by reason of any such claims,
including any amounts paid by ARC as taxes, attorneys' fees, deficiencies, levies, assessments,
fines, penalties, interest, or otherwise, other than as specifically set forth herein.
F. The Releasor acknowledges that neither the Releasee nor its attorneys make
Attachment number 1
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Item # 5
any representation as to the tax consequences, if any, of the provisions of this Agreement.
G. It is agreed that neither the existence of this Agreement nor any of its
provisions shall be offered in evidence by any of the parties hereto, or their agents, in any action
or proceeding other than an action to enforce this Agreement.
H. This Agreement shall be governed and construed in accordance with the
laws of the State of Georgia.
I. This Agreement was drafted by legal counsel for Releasee, but the parties
acknowledge and agree that counsel for the Releasor had a full opportunity to review this
Agreement and make revisions prior to the execution of this Agreement by the Relasor or her
counsel.
J. Without limiting the generality of the foregoing, the Releasor further
covenants that, should the Releasor, following the effective date of this Agreement, make any claim
of any kind against the Releasees for conduct that occurs following the effective date of this
Agreement, the Releasor agrees and covenants that the Releasor will not claim in any respect that
any conduct by the Releasees, based on any acts, omissions, transactions or occurrences arising out
of or related to or with any claim released herein, constituted an unlawful conduct against the
Releasor or any other person. Without limiting the generality of the foregoing, the Releasor agrees
and covenants that, in any subsequent proceeding of any kind in which the Releasor is party
plaintiff, either individually, or as a member of a class, the Releasor will introduce no evidence
against the Defendants of the events preceding the effective date of this Agreement and, if asked,
will deny the Releasor was treated wrongfully by the Defendants at any time prior to the effective
date of this Agreement.
Attachment number 1
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Item # 5
SIGNATURES ON FOLLOWING PAGE
Attachment number 1
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Item # 5
IN AGREEMENT HERETO, the Releasor and the below representative of ARC set their
hand and seal.
____________________________ Date______________
Alma Stephenson
Releasor
____________________________ Date______________
Augusta, Georgia
Fredrick Russell, Administrator
Approved:
____________________________ Date______________
Andrew G. MacKenzie
Attorney for Augusta, Georgia
Attachment number 1
Page 12 of 12
Item # 5
Commission Meeting Agenda
1/5/2010 2:00 PM
Minutes
Department:Clerk of Commission
Caption:Motion to approve the minutes of the regular meeting of the Commission
held on December 15, 2009.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Commission Meeting Agenda
1/5/2010 2:00 PM
Minutes Correction
Department:
Caption:Motion to approve the correction of the December 1, 2009 minutes
agenda item no. 24 appraisal report from Hollingsworth Appraisal
Company. Reported land exchange addresses as 305 Old Deans Bridge
Road & 304 Deans Bridge Road. Correct addresses should be: 3050 Deans
Bridge Road & 3044 Deans Bridge Road.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Attachment number 1Page 1 of 2
Attachment number 1Page 2 of 2
Commission Meeting Agenda
1/5/2010 2:00 PM
Richmond Co. Hospital Authority
Department:
Caption:Motion to approve the appointment of one from each group to the
Richmond County Hospital Authority for a four-year term.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Attachment number 1Page 1 of 1
Commission Meeting Agenda
1/5/2010 2:00 PM
Law Department
Department:
Caption:Law Department.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Commission Meeting Agenda
1/5/2010 2:00 PM
Affidavit
Department:Clerk of Commission
Caption:Motion to authorize execution by the Mayor of the affidavit of compliance
with Georgia's Open Meeting Act.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo